GENERAL CONDITIONS OF PURCHASE
· SCOPE OF APPLICATION. These General Conditions are applicable to any sale or service described in our brochures, price lists, advertisements, quotations, on the Internet or verbally. Any modification will be made in writing, by TECHNO SUN S.L.U. Any other terms or conditions are excluded. Your order implies your acceptance of these General Conditions. TECHNO SUN S.L.U. reserves the right to modify its General Conditions at any time.
· ORDER/CONTRACT. Orders will be accepted in writing, by e-mail, telephone or fax and will only be binding once accepted by TECHNO SUN S.L.U. through confirmation of the order by any of the means of communication described above. You must check the order confirmation and notify us, immediately, in writing, of any errors. Otherwise, the description of the product in the order confirmation will become part of this contract and will be binding on the parties.
· PRICE AND TERMS OF PAYMENT. Quotations, or economic offers, will only be valid in writing, and for the period indicated therein. If no period is indicated, it will be 30 days (10 days for products from third parties). TECHNO SUN S.L.U. reserves the right to supply products other than those requested (including third party products) at any time, guaranteeing that the functions, characteristics and operation of the products delivered will be equivalent to those requested.
· The price of the product and the terms and conditions of payment will be established in the order confirmation. The price excludes taxes, shipping costs, insurance and installation and structures. Currency exchange rates, tariffs, insurance and production costs (including those of components and services) may cause TECHNO SUN S.L.U. to adjust its prices. Payment will be made at the time of placing the order or under the conditions set out in the order confirmation. TECHNO SUN S.L.U. may suspend delivery of the good or service until full payment is made. In the event of late payment (arrears), recovery costs will be charged, and interest of 1% will be applied on the amount due for each month that the said amount remains unpaid, from the payment due date until full payment. TECHNO SUN S.L.U. reserves the right to require prior approval of credit card debits or payments and/or bank certification of checks.
· DELIVERY/TITLE/RISK. Delivery will be made within the period indicated in the order confirmation. Deliveries can be made in parts. The place of delivery is indicated in the order confirmation. TECHNO SUN S.L.U. reserves the right to recover ownership of the product in the event of total or partial non-payment of the price. Until full payment of the price, you may not sell or encumber the product. If you refuse delivery without our prior approval, the resulting costs or damages will be borne by you, including storage, until acceptance.
· ACCEPTANCE. You must examine the product immediately upon delivery within 48 hours for inspection or rejection. After this time, you will be considered to have accepted the product. If you are entitled to return a product and you do so, you will return it in its original condition, with its packaging, return note and proof of purchase. The costs of returning the product will be at your expense, unless there is a justification for the return in terms of the product guarantee included in the package.
· WARRANTIES. The guarantees are included in the Guarantee Policy that is delivered with the product(s), and will be governed by the provisions of this document, except for the following. We guarantee that the product (excluding third party products) is free from defects for 12 months after delivery, this period being 90 days from installation for replacement parts. If the product is defective during this period, TECHNO SUN S.L.U. will repair or replace it within a reasonable time. You will allow TECHNO SUN S.L.U. to examine, at our option, the product at your location or TECHNO SUN S.L.U. premises. TECHNO SUN S.L.U. owns the replaced parts and spare parts. TECHNO SUN S.L.U. will give the necessary attention to solve the problems in an adequate time according to the circumstances.
· TECHNO SUN S.L.U. does not guarantee or accept responsibility for:
Damage caused by incorrect installation, use, modification or repair carried out by a third party not duly authorised or by yourself;
Damage caused by any person or other external force;
Suitability of the product for a particular purpose, aim or use;
Any instruction given by you and correctly carried out by TECHNO SUN S.L.U..
TECHNO SUN S.L.U.'s liability for any breach of this warranty, of its service commitments, or for any other reason, shall in no event exceed the price of the product as set out in the order confirmation.
· SERVICES. The services, when agreed with the client, will be provided by TECHNO SUN S.L.U.. Response times are estimated and may vary depending on the location or accessibility to the product. The service may be provided via telephone or Internet when appropriate. If agreed and indicated in the order confirmation, the service offer may include advice, labelling, installation, integration, removal, training and/or consultation.
· Unless expressly provided for in the order confirmation, the service does not include: items excluded from the guarantee, changes in configuration, repositioning, preventive maintenance, work that according to TECHNO SUN S.L.U. is not necessary, electrical environment. Repairs to third party products will be carried out in accordance with the manufacturer's or licensor's warranty. Spare parts that are not critical to the function of the product may not be replaced within the period of the service offer.
· EXPORT CONTROL. The product may include technology and Software that are subject to the export control laws of the United States, and of the country in which the product is delivered or used, which must be respected by you. The product may not be sold, leased or transferred to end users or countries that are restricted by such laws or users involved in weapons of mass destruction or genocide. U.S. restrictions vary frequently, depending on the product, so you should refer to the regulations in force in the U.S. and in each case.
· FORCE MAJEURE. We do not accept liability for delays (including deliveries or services) caused by circumstances beyond our reasonable control and we shall be entitled to an extension of time for performance; examples of such circumstances include, but are not limited to, strikes, transport, supply or production problems, exchange rate fluctuations, government action and natural disasters. If the cause lasts longer than 2 months, this agreement may be terminated by either party without compensation.
· CONFIDENTIALITY. The parties must treat any information received from the other party, which is marked "confidential" or can reasonably be considered as confidential, in the same way as they would treat their own confidential information.
· RESOLUTION. TECHNO SUN S.L.U. may terminate this contract by giving prior written notice if: 1) the price is not paid on time, for which purpose the parties expressly agree that failure to pay in full or in part shall result in the termination of the contract as of right; 2) you infringe or TECHNO SUN S.L.U. suspects that you have infringed export control laws. Either party may terminate this contract if the other party: 1) materially and persistently fails to comply with this agreement and fails to remedy such failure within 30 days after being required to do so in writing; or 2) is declared in suspension of payments, bankruptcy, or is unable to pay its debts when due. TECHNO SUN S.L.U. may choose to enforce its obligation to pay the price and in any case demand compensation for damages.
· OBLIGATIONS OF THE CLIENT. You will be responsible for:
Your own choice of product and its suitability for an end or purpose
Your telephone and mail expenses, if applicable, to contact TECHNO SUN S.L.U.
· You will address our staff with sufficient courtesy, and provide sufficient information, cooperation, and access to enable TECHNO SUN S.L.U. to fulfill its commitments, otherwise we will be exempt from our obligations
· DATA PROTECTION. Your data will be processed in accordance with the applicable data protection laws, to which you give your express consent. You may ask us not to use your data for direct marketing purposes. You may exercise your rights of access, rectification and cancellation by writing to the address of TECHNO SUN S.L.U.
· CONSUMER RIGHTS: If you are a Consumer, no provision in this contract will in any way affect the public policy provisions on consumer rights.
· JURISDICTION. The present conditions will be governed by Spanish law.
· For the resolution of any doubts, discrepancies or divergences that may arise in the fulfilment and interpretation of this Contract, the parties submit themselves to the Courts and Tribunals of the city of Valencia, renouncing any others that may be applicable to them.
· MISCELLANEOUS. If any provision in this contract were to be declared invalid or inapplicable by a Court, the rest of the same will not be affected. TECHNO SUN S.L.U. may subcontract its obligations to third parties. Neither party may assign or transfer any obligations or rights. Notices must be made in writing (by hand, e-mail, fax or registered mail) and sent to the legal representative of the other party.
· INFORMATION. You will find information about TECHNO SUN S.L.U. and its procedures on the website www.technosun.com. You can go to that page to find out about any updates.